Maryland Injury and Disability Law : Washington DC Metro Injury & Disability Lawyer & Attorney : Greenberg & Bederman : Accidents, Falls, Medical Malpractice : Maryland, DC, Virginia

 

Things You Should Know About Social Security Disability Insurance

As personal injury lawyers, we can tell you from firsthand experience that bad things can happen to perfectly innocent people. We help people who have been severely injured due to no fault of their own on a daily basis. We help them deal with insurance companies. We help them deal with bill collectors. We help them deal with the legal process. And we do this simply because if we don’t, their chances of receiving fair treatment are very much diminished.

Our government came to a similar realization. There are simply too many variables in human life for all of our citizens to go without some sort of basic protection in the event that things go wrong. People get sick or injured on a daily basis, and they get sick or injured in such a way that keeps them from working or otherwise supporting themselves. To keep these injury victims from falling through the cracks, our government established the Social Security Administration.

Most people know that Social Security is a government backed program that provides supplemental income to all Americans once they get to retirement age. They are less aware that Social Security provides coverage to people of all ages who suffer disabling injuries and are as such are unable to provide for themselves. Many people are also unaware that these benefits can also extend to their immediate families.

If you find yourself unable to work for a year or more due to a medical disability, you may be eligible to receive Social Security Disability payments. These benefits are paid up until the point where you are able to work again (if that is possible.) You can apply for SSDI benefits is if your injury is permanent and has lasted for at least one year.

In order to qualify, you  have to meet the Social Security Administration’s definition of “disabled.” In broad terms, what this means is the following:

 

 

• You have an injury or illness that prevents you from doing the work that you used to do. In other words, if you used to have a job that required heavy physical labor and you severely injure yourself in a car accident, it is unlikely that you will be able to continue to work at your same job.
•  You can’t do other work because of your condition. Making a career change happens to many people at some point in their lives, but with severe injuries or debilitating illnesses a career switch simply isn’t an option. If you have an injury where simply sitting upright causes you pain, there aren’t many employment positions available.
•  Your disability is expected to last at least a year or to result in your death. It is important to realize that SSDI is generally for people who have been severely injured or are severely ill. Injuries that result in permanent impairment or injuries that will take extensive and lengthy recovery periods are generally the types that are considered for SSDI benefits.

If your condition meets these general criteria, then it falls to the Social Security Administration to determine whether or not you are actually disabled. They do this by asking five questions.

1.       Are you currently working? The idea here is that you can’t really be considered disabled if you are holding down a job and earning more than $1000 a month.  If you are currently working and making more than that, then as far as the SSA is concerned, you aren’t disabled.

2.       Is your condition Severe? In other words, does your condition directly affect your ability to work? Can you not work specifically because of your injury or illness?

3.       Is your condition on the list of disabling conditions? The Social Security Administration has a list of conditions which will automatically qualify you for SSDI. You can find that list here. If your condition is not on the automatically disabling list, that doesn’t mean you should give up. It just means that they take a longer time considering whether or not you will qualify.

4.       Can you go back to your old job or go back to similar work? If you get into a car accident, but are still able to do the job that you had before you were injured, then you will not qualify for SSDI. This has become more and more common in recent years, as a great deal of the work is more automated and less based on manual labor.

5.       Can you do any other type of work? The key here is that they want disabled to mean “severely disabled.” If your injury has you completely bed-ridden or has left you with brain injuries, then there is a high amount of probability that you would not be able to transfer your skills over to any other job, or really do any other job for that matter.

These are the basic qualifications for Social Security Disability benefits, but what has not been mentioned so far is that the process for applying for these benefits can be very long and quite complicated. There are rejections and appeals, many of which are decided by a presiding administrative law judge. This is not like waiting in line at the DMV to get a driver’s license. It’s more complicated than that.

This is why having experienced legal representation to assist you with your application is so important. It could be the difference between being provided with crucially needed income for you and your family and being left with nothing at all. With serious injuries, or a questionable disability problem, such as mental illness, the stakes are too high to attempt to do without legal counsel.

 Greenberg &  Bederman is a D.C. based law firm that helps injury victims get through the injury process, and that includes helping them with the applications forSocial Security Disability benefits. We serve clients in Silver Spring, Maryland and Baltimore, and have helped hundreds of people all over Maryland, Virginia and Washington, DC. If you or a loved one needs assistance in getting through the SSDI process, contact our social security lawyer Audrey Randall, for a free social security legal consultation.

 

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"I’ve worked all my life so why can’t I get my disability benefits?"

One refrain that I hear frequently goes something like this. "I’ve worked all my life but Social

Security" won’t give me my disability benefits. I know a guy who never worked a day in his life and he gets disability benefits". It’s important to understand that SSA has several different disability programs. They have disability insurance benefits, supplemental security income (SSI), widow’s benefits, disabled adult child benefits, and child SSI benefits. Let’s just focus on the first two for now.

In order to get benefits from any of SSA’s programs, you have to prove that you are disabled under SSA’s definition of disability. SSA defines disability as being unable to do any substantial gainful work due to a medical condition which has lasted or is expected to last for at least 12 months in a row. (The definition for a child is different.)

But, each program has  requirements. For disability insurance benefits, you have to prove that you meet the earning requirements. This is where the working all one’s life becomes relevant. The earning requirement is technical and a little difficult to understand. There are some special earning tests for persons under the age of 24 and persons between the ages of 24-31, but the basic test is that a person needs credit for 20 calendar quarters of work during a 10 year period ending in or after a quarter in which disability exists. In addition, one needs at least 40 quarters of coverage over a lifetime. This is called the 20/40 test.

For SSI, no work history is necessary but you must meet the income and resource test. Your income and resources must fall below a threshold level. Spousal income is considered in determining whether the income and resource test is met. So, a disabled, indigent person can get SSI benefits even if he/she never worked a day in his/her life.

Working all your life fulfills one requirement for benefits but you must also prove that you are disabled under Social Security Administration’s definition of disability. (See previous blog entries for discussion of what constitutes disability.)

To learn more about social security disability law issues please click social security disability law. To learn about our social security disability lawyer in Maryland, please click social security disability lawyers maryland, and read our attorney bios on Dory Sutker or Suja Varghese.

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The process you go through when applying for Social Security Disability benefits is lengthy and complex. First you make an initial claim. Unless your disability is so serious and obvious, the initial claim is frequently denied. Most of you will need to file a reconsideration of benefits, which is also frequently denied. Following a reconsideration denial, you will need to request a hearing before an administrative law judge. If you are unsuccessful at the hearing, appeals may be made to the Appeals Council and/or Federal Court.

If you have filed an application for Social Security Disability or Supplemental Security Income benefits and your claim was denied, you may now want to begin the appeal process. Please note: You need to act quickly as you only have 60 days to appeal the denial and preserve your claim.


Greenberg & Bederman Practice Areas:

Social Security Disability
Long Term Disability
Personal Injury including auto accidents
Medical Malpractice

www.gblawyers.com

1-888-926-8583
301-589-2200
443-573-1111

What does The Social Security Administration mean by “Disability”?

The definition of disability under Social Security is different than other programs. Social Security pays only for total disability. No benefits are payable for partial disability or for short-term disability.

For adults, disability under Social Security is based on your inability to work. You are disabled under Social Security rules if you cannot do work that you did before and cannot adjust to other work because of your medical condition(s). Your disability must also last for at least one year.


To learn more about social security disability issues, please click on social security disability law.  To learn more about our social security lawyers, please click on social security disability lawyers maryland, and read our firm bios on Dory Sutker, or Suja Varghese.



What is Social Security Disability Insurance (SSDI)?

Social Security Disability Insurance pays benefits to you and eligible members of your family if you are “insured”, meaning that you worked long enough and paid Social Security taxes.


What is Supplemental Security Income (SSI)?

SSI stands for Supplemental Security Income. Social Security administers this program. SSI benefits people with limited income and resources who are disabled, or blind. Blind or disabled children, as well as adults, may be entitled to SSI benefits.




How does Social Security determine “Disability”?

You should be familiar with the process Social Security Administration (SSA) uses to determine if you are disabled. It’s a step-by-step process involving five questions. They are:

• Are you working? If you are and your gross earnings average more than $830 a month in 2005 or $860 a month in 2006 or $900 a month in 2007, you generally cannot be considered disabled.
• Is your condition severe? Your impairments must interfere with basic work-related activities for your claim to be considered.
• Is your condition found in the Listing of Impairments? SSA maintains a list of impairments for each of the major body systems. If you prove that you meet or equal the SSA criteria in the listing, you will be found disabled. If your condition is not on the list, SSA will have to decide if it is of equal severity to an impairment on the list. If it is determined that your impairment is equal to a Listing Impairment, your claim is approved. If it is not, SSA proceeds to the next step.
• Given your impairments, can you do any of the work you did in the last 15 years? If your condition is severe, but not at the same or equal severity as an impairment on the list, then SSA must determine if it prevents you from doing work that you did in the last 15 years.
• Can you do any other type of work? If you cannot do any of the work you did in the last 15 years, SSA then looks to see if you can do other type of work. SSA will consider your age, education, past work experience, transferable skills, and will review the job demands of occupations as determined by the Department of Labor. If it is determined that your impairments prevent you from doing any other kind of work, your claim will be approved.




How is SSI Different From SSDI?

• Unlike SSDI benefits, SSI benefits are not based upon your insured status.
• SSI is financed by general funds of the U.S. Treasury—personal income taxes, corporation taxes and other taxes. Social Security taxes withheld under the Federal Insurance Contributions Act (FICA) do not fund the SSI program.
• In most States, SSI beneficiaries can also get Medicaid (medical assistance) to pay for hospital stays, doctor bills, prescription drugs, and other health care costs.
• SSI beneficiaries may also be eligible for food stamps in every State except California. In some States, an application for SSI benefits also serves as an application for food assistance.
• SSA pays SSI benefits on the first of the month for the entire month.
• To get SSI benefits, you must be disabled, or blind, and have “limited” income and resources, plus:
__ be a resident of the United States, and
__ not be absent from the country for more than 30 days;
__ be either a U.S. citizen or national, or in one of certain categories of eligible non-citizens.



When do I apply for Social Security benefits?

You should apply as soon as you become disabled.

How do I apply for Social Security benefits?

Generally you don’t need representation to apply for social security benefits. You can apply for Social Security Disability (SSDI) benefits online at http://www.socialsecurity.gov/applyfordisability or you can call 1-800-772-1213, or you can apply by going to your local Social Security office. Note: You cannot apply online for (SSI).


What do I need to apply for Social Security Disability Benefits?

In general, you can shorten the process by bringing certain documents with you when you apply. These include:

• Your Social Security Number
• Your birth certificate
• Your military discharge papers, if you were in the military service
• Your spouse’s birth certificate and Social Security number if he or she is applying for benefits
• Your children’s birth certificates and Social Security numbers if they are applying for benefits
• Your checking or savings account information, so your benefits can be directly deposited
• Names, addresses, and phone numbers of doctors, hospitals, clinics, and institutions that treated you and dates of treatment
• Names of all medications you are taking
• Medical records from your doctors, therapists, hospitals, clinics, caseworkers
• Laboratory and test results
• Summary of where you worked in the past 15 years and the kind of work you did
• Copy of your W-2 Form (Wage and Tax Statement), or if you are self-employed, your federal tax return for the past year
• A copy of your Social Security Statement you receive each year in the mail from the SSA

What will Greenberg & Bederman do to represent me in my disability case?

Every case is different. Your attorney’s role depends on the particular facts of your case. However, a few things an attorney may do are:

• Gather medical and other evidence
• Analyze your case under social security regulations
• Obtain documents from your social security file
• Review actions taken by the Social Security Administration
• Advise you on how best to prepare yourself to testify at your hearing
• Protect your right to a fair hearing by objecting to improper evidence and procedures
• Cross-examine witnesses at your hearing
• Present a closing statement at your hearing arguing that you are entitled to benefits under social security regulations
• Submit a written summary of evidence and argument to the administrative law judge
• Review, suggest changes or make legal objections to written questions, which are sometimes sent by the administrative law judge to a doctor after a hearing requesting a medical opinion
• If you win, monitor your claim until SSA places you in payment status and pays your past-due benefits.

What happens when my claim is approved?

If your application is approved, SSA will send your claim to be processed for payment. There are many factors involved in calculating benefits. [Once SSDI is approved, your first Social Security Disability benefits will be paid for the sixth full month after the date that your disability was established]. If you were approved for SSI, there is no waiting period for SSI benefits.

For example: Your SSDI disability was established on January 15. Your first disability benefit will be paid for the month of July. Social Security benefits are paid in the month following the month for which they are due. So, you will receive your first July disability payment in August.

How much will my benefits be?

SSD:
The amount of your monthly disability benefit is based on your average lifetime earnings. The Social Security Statement that you receive each year displays your lifetime earnings and provides an estimate of your disability benefit. It also includes estimates of retirement and survivors benefits that you or your family may be eligible to receive in the future. If you do not have your Social Security Statement and would like an estimate of your disability benefit, you can request one at www.socialsecurity.gov or call the SSA toll free number at 1-800-772-1213.

SSI: Supplemental Security Income pays benefits based on financial need. In order to qualify you must meet complex financial guidelines set by the Social Security Administration.

An attorney-client relationship has not been formed or established by review of this article; and nothing contained in this pamphlet shall constitute the giving or rendering of legal advice or be construed as a legal opinion, or guarantee of a particular resolution of a legal problem. Information is provided as a public service, and is not intended to be a substitute for competent legal counsel. The information provided is general in nature and may not apply to your circumstances. Under no circumstances should you make legal decisions solely based upon the information provided herein. You should consult an attorney before making any important decision involving a legal matter

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